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monyfer

OK to travel to US on valid tourist visa while K-1 is pending?

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Filed: Citizen (pnd) Country: Mexico
Timeline

I know this has come up before, and I already did a search on it here, but the information is conflicting.

My fiance has a valid, 10-year US tourist visa (b1/b2) that he obtained in 2005 and is valid until 2015. We filed for the K-1 visa back in OCTOBER of 2010 and eight months out we still have not received a final decision. I would like him to come visit me for a few days over my birthday in July.

My question is: will this cause any problem? I don't see while it would - he has the valid tourist visa and is just coming for a few days and the K1 visa isn't approved yet. I just want to make sure.


K-1 Visa Journey

October 1, 2010: I-129F sent

October 5, 2010: I-129F received

October 12, 2010: NOA1 e-mail received, routed to VSC

October 16, 2010: NOA1 hard copy received (dated October 7, 2010)

April 18, 2011: RFE e-mail

April 20, 2011: RFE hardcopy received

April 20, 2011: RFE response sent to VSC

May 2, 2011: E-mail confirming VSC has received RFE response

July 27, 2011: NOA2 e-mail received (9 months, 2 weeks, and 6 days (292 days) after NOA1

July 30, 2011: NOA2 hard copy

August 4, 2011: NVC received case

August 8, 2011: NVC forwarded case to US Consulate in Ciudad Juarez, Mexico

August 8, 2011: Consulate received case

August 25, 2011: Consulate mailed packet 3

September 3, 2011: Received Packet 3 in US

September 20, 2011: Interview! Not enough information in the system to make a decision

September 26, 2011: K1 visa approved and received via DHL

October 20, 2011: POE at Phoenix, Arizona

October 26, 2011: Married

AOS Journey

11-7-2011 - AOS package sent to lockbox in Chicago, IL

11-9-2011 - AOS package delivered and signed for

11-15-2011 - NOA1 e-mails received (NOA1 date November 10), routed to NBC

11-16-2011 - Check Cashed

11-21-2011 - Hard Copies & Biometrics Appointment Letter Received

11-29-2011 - Biometrics done via walk-in! (Originally scheduled for 12/14/11)

12-2-2011 - Case transferred to CSC

1-17-2012 - EAD/AP Card Production Ordered

1-25-2012 - EAD/AP card received in mail

3-7-2012 - RFE issued

3-19-2012 - RFE response received by CSC

4-4-2012 - Green Card Production!

4-10-12 - GC received in mail

January 3, 2014: ROC

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Filed: Lift. Cond. (apr) Country: China
Timeline

Yes he can come, no guarantee CBP will allow him entry. He should carry proof of ties to Mexico should they be asked for by CBP.

Shouldn't cause any problems with the K1.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: AOS (apr) Country: Australia
Timeline

I know this has come up before, and I already did a search on it here, but the information is conflicting.

My fiance has a valid, 10-year US tourist visa (b1/b2) that he obtained in 2005 and is valid until 2015. We filed for the K-1 visa back in OCTOBER of 2010 and eight months out we still have not received a final decision. I would like him to come visit me for a few days over my birthday in July.

My question is: will this cause any problem? I don't see while it would - he has the valid tourist visa and is just coming for a few days and the K1 visa isn't approved yet. I just want to make sure.

He can by all means come and visit you but I would bet money on it you will be approved shortly as you have sent back RFE and I hope also you have made some calls as to why you have not been approved yet and what your situation is. I would say July as you have been waiting 8 months he may be coming here permanently.


Divorced !st November 2012.

Married only 2 years 1 month

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Filed: Citizen (pnd) Country: Mexico
Timeline

So he can come but there is a chance he could be sent back at the POE? Umm..how is that possible or why would that happen?

He's been in the states half a dozen times over the last five years. As long as he shows his return ticket, why would this be a problem?

Barbara J I doubt we will be approved by July. I have called everyone, Senator, etc. Sent the RFE response back over a month ago. We are told that our background investigation is still open. I think some kind of false hit might have been found as FI as a common last name - who knows how long that could take to resolve. Even if it got approved this week, by the time NVC send the petition to the consulate, consulate sends invite letter, he schedules appointment, gets approval, packs up his life in Mexico...it will be at the earliest September when he would get here :(


K-1 Visa Journey

October 1, 2010: I-129F sent

October 5, 2010: I-129F received

October 12, 2010: NOA1 e-mail received, routed to VSC

October 16, 2010: NOA1 hard copy received (dated October 7, 2010)

April 18, 2011: RFE e-mail

April 20, 2011: RFE hardcopy received

April 20, 2011: RFE response sent to VSC

May 2, 2011: E-mail confirming VSC has received RFE response

July 27, 2011: NOA2 e-mail received (9 months, 2 weeks, and 6 days (292 days) after NOA1

July 30, 2011: NOA2 hard copy

August 4, 2011: NVC received case

August 8, 2011: NVC forwarded case to US Consulate in Ciudad Juarez, Mexico

August 8, 2011: Consulate received case

August 25, 2011: Consulate mailed packet 3

September 3, 2011: Received Packet 3 in US

September 20, 2011: Interview! Not enough information in the system to make a decision

September 26, 2011: K1 visa approved and received via DHL

October 20, 2011: POE at Phoenix, Arizona

October 26, 2011: Married

AOS Journey

11-7-2011 - AOS package sent to lockbox in Chicago, IL

11-9-2011 - AOS package delivered and signed for

11-15-2011 - NOA1 e-mails received (NOA1 date November 10), routed to NBC

11-16-2011 - Check Cashed

11-21-2011 - Hard Copies & Biometrics Appointment Letter Received

11-29-2011 - Biometrics done via walk-in! (Originally scheduled for 12/14/11)

12-2-2011 - Case transferred to CSC

1-17-2012 - EAD/AP Card Production Ordered

1-25-2012 - EAD/AP card received in mail

3-7-2012 - RFE issued

3-19-2012 - RFE response received by CSC

4-4-2012 - Green Card Production!

4-10-12 - GC received in mail

January 3, 2014: ROC

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Filed: Citizen (apr) Country: Canada
Timeline

It is possible and it does happen. I was denied entrance to the US twice and sent back. It is because I didn't convince the CBP that I had ties to Canada with a significant other in the US - I couldn't prove that I would retrun to Canada

So, that being said, what can your SO show to prove that he'll return to MX? They are looking for things like a job, a lease/mortgage, enrollment in school, substantial family ties (ie - kids in MX) etc. What does he have?

Now, I had a return ticket myself, still wasn't enough. If they suspect he could illegally immigrant (use a tourist visa for immigration) then they can and will deny him.

Now, lots and lots of people visit with zero issues. I just want you to be prepared and have him prepared so what happens to me doesn't happen to others. Strong ties will help, so will a copy of your I129F packet showing intent to return, at least for the interview, as well as be polite and NEVER lie.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (pnd) Country: Mexico
Timeline

It is possible and it does happen. I was denied entrance to the US twice and sent back. It is because I didn't convince the CBP that I had ties to Canada with a significant other in the US - I couldn't prove that I would retrun to Canada

So, that being said, what can your SO show to prove that he'll return to MX? They are looking for things like a job, a lease/mortgage, enrollment in school, substantial family ties (ie - kids in MX) etc. What does he have?

He has a job and a rental agreement with his apartment. No, he's not enrorlled in school and he doesn't have kids - lol - we aren't even married yet!! His ties are strong but not that strong - he does plan to come to the US eventually after all, given the fact we applied for the K1 visa, so why would they expect him to own a home if he plans on immigrating to the US eventually anyway (legally of course).

ETA - we've been dating for almost four years and he has come to visit me 3-4 times in that period of time and didn't have a problem. Automatically because they know we are now engaged will give them reason to think he will stay, even though we are OBVIOUSLY doing things the legal way and applied for a finace visa? WOW - our immigration system is REALLY illogical and broken.

Edited by monyfer

K-1 Visa Journey

October 1, 2010: I-129F sent

October 5, 2010: I-129F received

October 12, 2010: NOA1 e-mail received, routed to VSC

October 16, 2010: NOA1 hard copy received (dated October 7, 2010)

April 18, 2011: RFE e-mail

April 20, 2011: RFE hardcopy received

April 20, 2011: RFE response sent to VSC

May 2, 2011: E-mail confirming VSC has received RFE response

July 27, 2011: NOA2 e-mail received (9 months, 2 weeks, and 6 days (292 days) after NOA1

July 30, 2011: NOA2 hard copy

August 4, 2011: NVC received case

August 8, 2011: NVC forwarded case to US Consulate in Ciudad Juarez, Mexico

August 8, 2011: Consulate received case

August 25, 2011: Consulate mailed packet 3

September 3, 2011: Received Packet 3 in US

September 20, 2011: Interview! Not enough information in the system to make a decision

September 26, 2011: K1 visa approved and received via DHL

October 20, 2011: POE at Phoenix, Arizona

October 26, 2011: Married

AOS Journey

11-7-2011 - AOS package sent to lockbox in Chicago, IL

11-9-2011 - AOS package delivered and signed for

11-15-2011 - NOA1 e-mails received (NOA1 date November 10), routed to NBC

11-16-2011 - Check Cashed

11-21-2011 - Hard Copies & Biometrics Appointment Letter Received

11-29-2011 - Biometrics done via walk-in! (Originally scheduled for 12/14/11)

12-2-2011 - Case transferred to CSC

1-17-2012 - EAD/AP Card Production Ordered

1-25-2012 - EAD/AP card received in mail

3-7-2012 - RFE issued

3-19-2012 - RFE response received by CSC

4-4-2012 - Green Card Production!

4-10-12 - GC received in mail

January 3, 2014: ROC

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Filed: Citizen (apr) Country: Canada
Timeline

Bring his rental agreement and a letter from his employer stating his expected return date, it probably won't even be asked for, but it can be invaluable if it is

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (pnd) Country: Mexico
Timeline

Hi monyfer!

I have traveled A LOT to the USA before AND after we started the k1 process and never ever had any problems, they don't even mention my k1 petition. However,I have had a Tourist visa my entire life (lived in the USA for 2 years) and never had problems with migration, POE and that stuff, if thats also your FI's case I dont see why they would think he could give problems now.

But as everyone is saying, make sure he brings enough evidence of ties to Mexico: letter from his job, his current pay stubs, medical appointents (if any), return ticket, copy of the K1 application, noa1 (to show u guys r doing everything the right way, legally) and whatever you can think of!!!!!

Good luck!!!!


K1 visa
Filed I-129: Dec 3rd 2010
Interview: July 6th 2011 APPROVED!


AOS
Filed: Oct 4th 2011
AOS Interview: Feb 7th 2012 - RFE sad.png
AOS Approved: Feb 9th - without sending RFE
Green Card received: Feb 17th smile.png

ROC

Filed: Nov 13th 2013

Approved: March 13th 2014

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Filed: K-1 Visa Country: Croatia
Timeline

I don't think US immigration system is illogical and broken. Don't forget that no other country in the world is more hated/feared by it's enemies and more coveted as a place to live by everybody else than is the U.S. By scrutinizing incoming visitors regardless of what status they might be in there is a higher probability of detecting foes.

Back to the topic. Not even K-1 visa in your passport is any guarantee you will be alowed entry to the States. So he may be allowed to the States depending on incalculable number of variables such as his body language and overall posture and tone of voice, officer that is administering at his POE, and finally his visa and proof of ties in his home country.

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Filed: K-1 Visa Country: Mexico
Timeline

This is something I never even thought to worry about when my fiance (then boyfriend) visited on his tourist visa on three separate occasions. I thought visa meant you're allowed in, but it appears that's not the case? Is there any way you can go down to see him instead, just to be safe?


12/30/10 - Engaged

02/09/11 - I-129F mailed

02/17/11 - NOA1

05/18/11 - NOA2

05/??/11 - NVC received petition

06/03/11 - NVC forwarded petition to Ciudad Juarez Consulate

06/??/11 - Consulate received petition

06/14/11 - Consulate sent out packet

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Filed: Citizen (apr) Country: Canada
Timeline

This is something I never even thought to worry about when my fiance (then boyfriend) visited on his tourist visa on three separate occasions. I thought visa meant you're allowed in, but it appears that's not the case? Is there any way you can go down to see him instead, just to be safe?

All a visa allows you to do is apply for entry, it does not guarentee admittance

Which is why the tips I gave should be helpful for everyone

Remember, lots of people visit with zero issues

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: K-1 Visa Country: Mexico
Timeline

Our lawyer advised if he could come instead of me going, it would be better, even when I also have a tourist visa and have had it since I was little. So he came. No big deal.

Edited by Sarah&Michael

01-03-2011 129F sent

01-12-2011 NOA1

02-23-2011 Touched

05-02-2011 NOA2

05-16-2011 Packet 3 received

07-27-2011 Medical

07-28-2011 ASC

08-01-2011 Interview & approved!

08-03-2011 Got the visas!

08-04-2011 POE Juarez, 5 minutes at 6:10 am!!

08-19-2011 Married

10-19-2011 AOS package sent

11-08-2011 AOS package re-sent

11-22-2011 NOA1 date

12-20-2011 BIO apointment

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Filed: K-1 Visa Country: Australia
Timeline

I'm actually going to see my fiance in two days for seven weeks; I'm taking along a copy of the NOA1, a letter from the government saying I'm expected to return on the 22nd July - I'm on financial aid at the moment as I don't have a job, a letter from my fiance's mom, and a thing saying I have a doctors appointment on the 27th July. Also will have the return ticket. I'll let you know how I go getting into America, lol. Hopefully all will go well! Just have to proove that you aren't going to get married illegaly or overstay.


30th March 2011 - I-129F sent!

8th April 2011 - NOA1 Hardcopy recieved.

24th June 2011 - NOA2!!! [80 days]

30th June 2011 - NOA2 Hardcopy received.

27th July 2011 - Packet 3 instructions emailed to me!

27th July 2011 - Get my Police check done. 3-4 weeks? omg!

19th August 2011 - Medical!

22nd August 2011 - Medical results, passed!

29th August 2011 - i-134's arrived! Waiting on Police check. Emailed Consulate to see if they have it. :/

15th September 2011 - Finally send off packet 3! Neighbour stole first police check, form in i-134 was wrong and had to be resent, but it's all FINALLY on its way to Sydney! :)

22nd September 2011 - Packet 4 Received!

25th October 2011 - INTERVIEW! Eek!

25th October 2011 - Approved! :) Just need to mail my LONG birth certificate out so they can verify it and send the visa. Lol.

26th October 2011 - Birth certificate arrived in Sydney. Now to wait for my visa!!! :)

1st November 2011 - Visa Recieved!! :)

30th November 2011 - POE

19th January 2012 - Wedding

3rd February 2012 - Applied for SSN in maiden name

10th February 2012 - SSN arrived in mail

14th September 2012: Finally have the money saved up for AOS after a tough year. Going to start paperwork soon.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

event.png

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